Juned A Harrased (Learner) 04 January 2015

Child custody jurisdiction and other issue

Sir I humbly request to All Lrnd. Counsel of LCI urgently reply to my Query.

My wife filed DV in her district. I want to file child custody where the child last time reside and having property.

Can I (making father and grand father mother petitioner no 1, 2, 3) file Muslim minor 3.5 yrs child case under GWA

What will be correct Jurisdiction to file at Taluka court or District court?

And also under what sections of GWA should be apply for interim and permanent custody

And the grounds are adultery, welfare of child as she is not having Income source and fight on merit.

Adultery is mentioned by me in WS of DV

Reply Follow

5 Replies

Juned A Harrased (Learner) 04 January 2015

Sir emotionaly says this query is an important for me and my son life. Tahnking you. Awaiting your positive response. I honestly says that effort and service of LCI is valube and worthy to appriciation inrespect of far away and behind people like me and many other.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 January 2015

child custody of minor child would be awarded to mother . you can seek visitation rights . welfare of child is paramount consideration .Replied this already in this forum by brother advocates. This is repeated querry

Juned A Harrased (Learner) 04 January 2015

Sir about jurisdiction

Juned A Harrased (Learner) 04 January 2015

Sir about jurisdiction

Jai Karan Nagwan (consultant) 04 January 2015

Counter claim for you should divorce, if you mentioned adultery in WS. Only raising pleas of adultery without substantial proof is of no use. Suggestion you to get into solution out of court and bring her back. On the other hand if no probability of Concilliation, you can file custody suit at your place, but be prepared that case can be transfered to your wife place.